### U.S. Department ofTransportation Office ofthe Secretary ofTransportation 

### AGREEMENT Docket OST 95-236

The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree as follows: 1. Each of the Carriers shall, effective May 16, 1966, include the following in its conditions ofcarriage, including tariffs embodying conditions ofcarriage filed by itwith any government "The Carriershall avail itself ofthe limitation of liability provided in the Convention forthe Unification of Certain Rules Relating to International Carriage byAir signed atWarsawOctober 12th, 1929, or provided in the said Convention as amended by the Protocol signed atThe Hague September28th, 1955. However, in accordance with Article 22(1) ofsaid Convention, or said Convention as amended by said Protocol, the Carrier agrees that, as to all international transportation by the Carrieras defined in the said Convention orsaid Convention as amended by said Protocol, which, according 

### to the contract ofCarriage, includes a point in the United States ofAmerica as a point oforigin, point ofdestination, or agreed stopping place (1) The limit of liability foreach passenger for death, wounding, or other bodily injury shall be the sum of US $75,000 inclusive of legal fees and costs, exceptthat, in case ofa claim brought in a State where provision is made for separate award of legal fees and costs, the limit shall be the sum of US $58,000 exclusive of legal fees and costs. (2) The Carrier shall not, with respect to any claim arising out ofthe death, wounding, or other bodily injury of a passenger, avail itself ofany defense under Article 20(1) ofsaid Convention orsaid Convention as amended by said Protocol. Nothing herein shall be deemed to affect the rights and liabilities ofthe Carrierwith regard to any claim brought by, on behalf of, or in respect ofany person who has willfully caused damagewhich resulted in death, wounding, or other bodily injury of a passenger.'' 2. Each Carrier shall, atthe time ofdelivery ofthe ticket, furnish to each passengerwhose transportation is governed by the Convention, orthe Convention as amended by the Hague Protocol, and by the special contract described in paragraph 1, the following notice, which shall be printed in type at least as large as 10 point modern type and in ink contrasting with the stock on (i) each ticket; (ii) a piece of papereither placed in the ticketenvelope with the ticket or attached to the ticket; or (iii) on the ticket envelope: "ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on ajourney involving an ultimate destination ora stop in a country other than the country oforigin are advised that the provisions 

### ofa treaty known as the WarsawConvention may be applicable to the entirejourney, including any portion entirely within the country oforigin ordestination. For such passengers on ajourney to, from, or with an agreed stopping place in the United States ofAmerica, the Convention and special contracts ofcarriage embodied in applicable tariffs provide that the liability of [certain ]* [(name of carrier) and certain other] carriers parties to such special contracts for death ofor personal injuryto passengers is limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up to such limitshall not depend on negligence on the part ofthe carrier. For such passengers traveling by a carrier not a party to such special contracts or on ajourney not to, from, or having an agreed stopping place in the United States ofAmerica, liability ofthe carrier for death or personal injury to passengers is limited in mostcases to approximately US $10,000 or US $20,000. The names of Carriers parties to such special contracts are available atall ticket offices of such carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation ofthe carrier's liability underthe WarsawConvention or such special contracts of carriage. Forfurther information please consult your airline or insurance company representative." 3. [This Agreement was filed with the Civil Aeronautics Board ofthe United States. The Board approved it by Order E-23680, adopted May 13, 1966. The Agreement (Agreement 18900) became effective May 16, 1966. On January 1, 1985, this Agreement became the responsibility ofthe Department ofTransportation (DOT) by operation of law.] 4. This Agreement may be signed in any number of counterparts, all ofwhich shall constitute one Agreement. Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositing itwith DOT. 5. Any Carrier party hereto may withdrawfrom this Agreement by giving twelve (12) ,, ntRs' written notice ofwithdrawal to DOT and the other Carriers parties tothe Agreement.

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____________ _ OST Form 4523 (FormerlyCAB Form 263) 22 Aerial Place NE, Calgary, Alberta T2E 3J 1